Although our constitution makes a fundamental break with the concept and practice of parliamentary sovereignty, which is one of the definitive features of the esteemed Westminster paradigm, the designation “parliament” has been retained for the legislature of our constitutional democracy, involving a rigid constitution and an enforceable Bill of Rights.
In this regard, Parliament represents a priceless heritage that is a universal legacy.
Our constitution retains a parliamentary system of government, rather than a presidential one, as prevails in the USnited States. Parliament is, as a result, not merely a law-maker – it has, in addition, the function to represent and speak on behalf of the electorate as well as to exercise control over the executive, through a system of responsible government, which is the definitive feature of a parliamentary system of government.
In a liberal democracy, such as prevails in South Africa, Parliament cannot fall under the monopoly of one party, or of the executive authority of the day. The governing party, like all other parties, is subject to the rules and norms of parliamentary conduct, as interpreted and applied by the Speaker. This office is one of singular distinction. Its celebrated history is characterised by fearless independence, particularly in relation to interference from the executive or the crown.
Such interference is epitomised by the imperious conduct of King Charles I who, in 1642, together with a band of armed troops, stormed into the English parliament's House of Commons and demanded information concerning certain alleged conspirators. Speaker William Lenthall’s courageous reply reflected the independence of his office: “May it please your majesty, I have neither eyes to see nor tongue to speak in this place, but as the House is pleased to direct me, whose servant I am here.”
This English precedent is relevant for South Africa today, in the light of the pandemonium that occurred during the State of Nation Address (SONA) llast Thursdaynight. The deployment of troops in the operational plan devised and used last week has elicited profound concern about the militarisation of Parliament.
This state of affairs resulted in a statement by the DA that it intended to approach the courts for a review application to prevent the militarisation of Parliament.
By using the military in the precincts of Parliament, two fundamental issues are at stake. Firstly, this conduct would appear to be a violation of the principles of separation of powers and, secondly, represents a breach of parliamentary privilege, both of which are part of our present constitutional dispensation, involving a system where Parliament is no longer sovereign.
The courts, but in particular, the Constitutional Court, will have to make a clear ruling on these kindred issues.
The pandemonium that prevailed last week in Parliament, and in particular the conduct of the EFF during SONAthe State of the Nation speech negated all the virtues that a system of parliamentary democracy actually stands for, and indicates that something is seriously amiss in our body politic.
What is, however, categorically clear is that the people of South Africa are deeply alarmed and intensely dismayed at what has occurred. It is totally unacceptable that reasoned debate should be replaced by irrational and outrageous conduct in a historic institution that is the highest debating forum in the land.
The inordinate difficulty with the spectacle tactics employed by the members of the EFF is, inter alia, that it prevents other political parties and their members from holding the executive accountable by conventional methods of debate and discourse.
A singular responsibility rests on the Speaker and other presiding officers to maintain order and decorum in the chamber. The chief function of the Speaker, who occupies a most distinguished office, is to preserve the privileges and dignity of Parliament in chairing political debate and discourse in the chamber. This must be done with impartiality and courage.
For this to occur, the Speaker must be politically independent. Unfortunately, Baleka Mbete is manifestly compromised in that she is also the chairperson of the ANC. Also, in he manner in which she conducts herself as Speaker, she displays a superficial understanding of the requirements of a historic and distinguished office, which has its genesis in mother of parliaments at Westminster. As we have adopted a parliamentary system of government, its ethos and operation is relevant for the working of our system of parliamentary democracy.
Parliament, as a venerable institution, is valuable but, regrettably at present, finds itself in a state of chronic crisis that threatens its democratic operation and existence. The puerile antics and obstreperous conduct of members of the EFF with their fascist behaviour, their subsequent violent removal by the parliamentary protection service, together with the militarisation of Parliament by the executive, are threatening its dignity and continued operation as democratic forum for intelligent and informed debate. This is indeed a serious threat to democracy itself.
It is submitted that all the role players need to put their heads together in orderto prevent Parliament’s disintegration and restore its role as an indispensable element in our liberal democracy as an esteemed forum for rational political discourse, and in so doing, to hold the executive accountable.
● Devenish is an emeritus professor at UKZN and one of the scholars who assisted in drafting the interim constitution in 1993.